strauss-kahn's attorneys are meeting with manhattan prosecutors today. the former head of the international monetary fund stands accused of sexually assaulting a maid at a new york hotel, a case that is apparently unraveling. harris is watching breaking news for us today. harris, what do you have? >> jon, the big question is whether or not his defense attorneys will actually ask for this case and the charges to be dropped, and what the judge will say about that, or, if there's some other reason for them to meet. you know what, what we're learning is there are details that have come out about the accuser in this case, and her past, that even had the prosecution now asking questions about this woman. questions that this trial could hinge on, because she is their witness. the only way that they can really press sexual assault charges against dominic strauss-kahn is with her testimony, convincingly, so it has been said, by prosecutors up until now.

will defense attorneys for dominic strauss-kahn then ask this judge to dismiss the charges based on the fact that the prosecution may or may not have enough evidence to go forward. we're watching this, that meeting is coming up, those manhattan prosecutors and defense lawyers, meeting in an office. as soon as we know what -- what has happened, we'll bring it to tower office. this is big news, this man lost his job behind the sexual assault charges that happened after a stay here at a new york hotel. back to you. jon: maris -- harris, thank you. and good morning to you on this wednesday, i'm jon scott. >> patti ann: i'm patty ann brown in for jenna lee, "happening now, the nation react toss the casey anthony verdict. in a dramatic twist, she was acquitted. jon: it's the murder of her two-year-old daughter that has everybody talking.

jurors only finding her guilty on four counts of lying to investigators. >> patti ann: some watching the case are now gathering at the site where caylee's remains were found. many are shocked at the verdict, and say they wonder if there will ever be justice for caylee. >> i wish she could have a full life like i've had so far. >> i was thinking she would get justice, and i feel that we have an obligation to be here and just to see the site. jon: what about those close to the case? casey's parents, george and cindy anthony, were seen leaving the courtroom, soon after the verdict was read, without saying a word to their mother, casey's uncle saying the entire family is stunned. >> it was a shock. certainly it was. it was a shock. everybody was shobd. my concern is for my brother-in-law and sister-in-law and their relationship and where they're at, because obviously, they were on the same page, but not always on the same page when they were in that courtroom, and george is the one that was

harmed the most, and i just -- i hope they are vindicated through this. that's my feeling. jon: fel keating, live for us in orlando, the next dramatic moment of this three-year saga, brings us back into that courtroom tomorrow, right phil? >> tomorrow 9:00 a.m., that is when casey anthony will return from the orange county jail where she remains incarcerated, and she will be sentenced on those four counts of lying to investigators. each of those four counts carries a 1-year sentence. she's been in jail for basically two years and ten months to this point but she did get convicted a year ago, the six counts of check fraud, when she was writing her friends' checks during that 31-daytime period, when casey was unreport -- was unreported to be missing. if the judge holds up the letter of the law and maxes her out, based on time

served, i'm guessing she could on the maximum end here still serve two years every month in -- two years and three months in jail but it's absolutely within the judge's power to free her outright tomorrow morning, here in downtown orlando. regardless of whether you think she got away with murder, her attorney jose baez says it's the public that's guilty of a rush to judgment. >> it was an accident that snowballed out of control and it doesn't get any more clearer than that. the jury saw that, and they're the ones that heard all of the evidence, not the propaganda and the speculation, and the franken stein-like lynch mob that ensued in the last three years, but they heard the evidence, what our system is based on, and this is a

tragedy, and nothing more. >> reporter: yesterday afternoon, the entire defense team and their friends and family all gathered here across the street from where we are for a private celebration party, but as the attorney for casey anthony conceded in his news conference yesterday, there's really still no justice in this case for anybody. casey anthony, who says she did not murder caylee, she's been locked up for nearly three years, probably has more time still to serve, and nobody it appears will ever pay for the murder and disposal of caylee's remains in that swampy wooded area down the street from the anthony home. >> jon: a lot of people shaking their heads at the jury verdict. it all seems to boil down to the two words: reasonable doubt. >> reporter: absolutely. jose baez hammered that during his closing argument that is just because casey anthony is clearly a liar, that does not make her a murderer, the jury agreed, the 12 jurors, seven women, five men, who came up with

this verdict yesterday after deliberating roughly 11 hours, they had not spoken publicly. they chose not to participate in that post-verdict news conference. however, one of the alternates has been talking and this is a man who spent the state's week listening to the evidence and he -- six weeks listening to the evidence and he says they never had direct evidence on say the duct tape, all the circumstantial evidence, the duct tape tied to the anthony home, where a similar, almost identical roll of duct tape was found, as compared to the tape found on caylee's skull, that didn't pass the threshold of beyond a reasonable doubt, casey's car smelling like human decomposition, testified to on the stand by about a dozen witnesses, there was also experts with the defense that tried to disprove that concept, and then there was the accidental drowning theory, this alternate juror does say he finds that plausible, that maybe that's what really happened here. he says he does not think, nor does he believe, the

other 12 jurors that rendered the verdict believed casey anthony is 100 percent innocent here, but they just don't think the state of florida and the prosecution team met the threshold needed to prove this case, based on the evidence, beyond a reasonable doubt. jon: phil keithing in orlando live for us, thank you. we always want to hear from you. you can bet that right now, big bucks offers are headed towards casey anthony, flooding in for her story, movie, book deals, that kind of thing. she was acquitted. so under florida law, she is allowed to sell her story. we're asking if she should be paid. i mean, do -- do you want to know her version of what happened? log on to foxnews.com, click on the you decide link, cast your vote, leave a comment as well. you can also see how other viewers are voting and what they have to say about this emotional case. >> another high profile case in boston where james whitey bulger will enter a plea on

19 murder charges. bulger was captured in southern california last month after 16 years on the run. molly line is live in boston. molly, the victim's families have been waiting a long time for justice. >> reporter: absolutely. you know, many of the alleged murders that he is accused of committing occurred in the early '70s and '80s and '90s, so the victims have been waiting, for some of them, upwards of 30 years to see justice in the case. whitey bulger, authorities say, also didn't -- if someone was informing against him, they could easily become one of his victims, men, women, there were ex-girl friends, a girlfriend of his associates, rival gangster, millionaires, a number of different types of people. on this -- also on this list of victims that authorities believe whitey bulger participated in their murders, innocentby standers as well, one of the innocentby standers is michael donahue, his son tommy has been following this case very closely since whitey bulger returned to

boston and here's what he had to say: >> don't be fooled by this old man. you know what i mean? walking into the courtroom, trying to seem frail. he's not. he's a scum bag, actually, is what he is, he's a mass murderer and a destroyer of families and hopefully something can come of him, you know, not anything good, i hope. >> tremendously strong feelings here in boston as whitey bulger returns to this city to face the charges here in federal court today. patty ann. >> patti ann: the taxpayers meanwhile are going to have to foot a pretty hefty bill in this case. >> >> reporter: absolutely. the taxpayers have already spent a considerable amount of money just finding whitey bulger, bringing him back to boston. he took a chopper ride to court from plim yot -- plymouth, 40 miles away from where he was being held. that was extremely controversial, the estimate on the costs there, depending upon the authorities you ask, anywhere from $1500 to $14,000. today his defense attorney is expected to say hey, i need a little help in this

case, i'd like to bring my law partner on and that would also be expensive as well. now, prosecutors have tried to argue that perhaps mr. bulger's family members who are well to do, one of his family members, his brother, william bulger, was head of the massachusetts senate here in the state for many, many years, that perhaps they should be helping the tax pairs out here, footing some of the bill, but the judge says that's not the responsibility of the family. so it's expected to be quite expensive and the taxpayers will be footing much of that bill. patti ann. patti ann: molly line, live from boston, thank you. jon: growing concern today about a link between iran and terror attacks that have killed u.s. soldiers in iraq june was the deadliest month for our forces there in nearly two years. word now that iran is training the militants, all this as more evidence mounts. tehran is also supplying the taliban with weapons. jennifer griffin is keeping an eye on that live at the pentagon. mounting evidence, jennifer, that iran is trying to move in just as the u.s. is

pulling out of iraq and afghanistan. >> reporter: well, just take a look at what's happening in baghdad today, jon. you have the iranian vice president who's arriving with a high profile delegation to baghdad to meet with iraqi prime minister nor i al-maliki, a fellow shia muslim, they're trying to build relations, and listen to senators joe lieberman and lindsey graham, who just returned from afghanistan: >> the biggest nightmare for the ayatollahs in iran is to have a democrat -- democracy in iraq and afghanistan on their borders so yes, they're helping the taliban, they're trying to react to debate that shia are trying to bring down democracy, they're trying to undermine their efforts. they're responsible for material coming into both countries that are killing not only american soldiers but the rec -- iraqi and afghan people. >> they've got the blood of a lot of people on their hands, including the hundreds of americans who have been killed in iraq as a result of iranian training

and equipping of extremist militias. >> reporter: but i just asked general david rodriquez, who is the number two in afghanistan under general petraeus, he's ending what has essentially been 40 months of combat, he's coming home in the next month, and i asked him about iranian influence in afghanistan and here's what he said: >> it's been pretty consistent, ma'am, and that level is just about the normal level of arms and ammunitions across -- that crosses borders in this volatile region each year, and they do not -- have not increased significantly in the past two years. >> so u.s. military commanders not willing to say that the amount of iranian weapons has increased into afghanistan, but they do say there's an steady flow, and it is clear that iran appears to be waiting in the wings for further withdrawals by u.s. troops from iraq and afghanistan. jon. jon: ominous news there, jennifer griffin at the pentagon, thank you. >> patti ann: the battle

over the debt rages on, a deadline is looming to raise america's credit limit, as our debt keeps growing amid fears of tax hikes. we'll talk live to tea party favorite senator jim demint and get his take on what can be done. mitt romney may be running for president of the united states, but he's looking for campaign cash overseas. where he's fundraising now. we're live with that story. and harris is at the dot com wall. we get you to pick the stories you want to see. harris has that for us. >> reporter: go to foxnews.com, and then go to the "happening now" page and off to the right, midway down the page, is your opportunity to tell us which story you want to see. you choose. right now, we are monitoring a story out of china. you know, one of the best unkept secrets in china for their economy is something called rare earth minerals and they have just discovered a ton of them. how the role that may play in china and the world economy, who knows, but maybe that's a story you want to know more about.

it's you believe in miracles. you really want to see this next one. a plane crashes into a house. what do you do when you're sitting in your crib or your house, if that is the case, and you hear the hum of an engine that's sputtering and suddenly you've got a plane in her house? gloond a mom's love knows no bounds. what do you do when cubs are hungry, you feed them. even if you're not related to them? >> yes. happening now, we're coming right back, because if it's happening now, you want to be with us!

>> patti ann: developments in the debt battle as the august 2nd deadline approach phos raising the limit on america's credit camped, the nation's debt is growing every minute. right now, the senate takes up a resolution on debt reduction, and tax increases. and the president is pressing congressional leaders from both parties to put aside the rhetoric, come together at the white house tomorrow, and hammer out a long term plan to reduce the decifit. but he's not holding out hope that this will, in fact, happen,. rich edson from the fox business network joins us. >> hey patti ann, the talk continues, the president met with john boehner sunday at the white house, vice president biden, treasury secretary tim geithner are scheduled to meet at the white house in a couple of minutes ahead of tomorrow's session between the top two democrats, republicans from the house, senate and president. aides say even with all of this talking, democrats, republicans, are still mostly stuck.

the white house insists congress raise taxes on families earning more than $250,000 a year, hedge fund managers and corporate jet owners, republicans say raising taxes in this sluggish economy on anyone will stunt job growth. >> we don't think it's absolutist to impose more stimulus spending, we don't think it's maximalist to impose hundred of billions of tax hikes in the middle of a job crisis. we have a better term for this: common sense. >> reporter: democrats say republicans are just refusing to compromise. patti ann. patti ann: rich edson, thank you. jon: for more on the raging battle over the debt and decifit, let's talk to senator jim demint, the influential republican for south carolina has been dubbed the king maker when it comes to electoral politics. he's also the author of a new book tiedel \dollars/{^ed} "the great american awakening". you've heard the president in his news conference and in his statement say hey, i'm here, i'm ready to go to

work, congress needs to come to work to get this debt deal done. what's your take on that? >> john, it's hard to swallow. we've known this for six months, the president has yet to send a proposal to congress suggesting any type of spending cuts, in fact, he sent a budget over that increased our debt $10 trillion. so it's hard to take him seriously on this, and the whole debt commission that he started, he ignored, this biden task force that he started was designed to kill time, because even the president last december said we can't raise taxes in a down economy. now they put him back on the table. republicans are willing to compromise, we're willing to raise the debt limit, but we need to do it in the context of cutting spending in a very real way, but also balancing the budget. that is for us where we have to go, because if we don't stop spending more than we're bringing in, we're going to bankrupt our country. americans know that. that's why they turned out in large numbers last november, and we have to do that today.

it's not a partisan issue, it's a common sense issue. jon: the democratic side seems to say, and i'm just paraphrasing the argument as i read it, that compromise for republicans is going to have to involve tax increases, revenue increases. >> yeah. we're all for revenue increases but history shows you can raise taxes 90 percent if you want to and you won't get more revenue. a bump in the short term, then it goes back down. the only way to increase revenue substantially and over a period of time is to get the economy going again. we know how to do that, we can do it with a flatter tax code that takes out the loop hoping the democrats talk about, unleashing our own energy supplies would create tens of thousands of jobs and lots of new revenue. we know how to get the economy going again. unfortunately the president says that we just have got to spend more government money. i don't know jon talking about the economy, you're from south carolina, i've been to greenville where you're from, the place is booming, new companies moving in there left and right. why? >> it's a better business environment. we're a right to work state,

we protect workers' rights not to join a union, as well as joining a union, our taxes are lower than new york, for instance, and there are ways to fix this thing, and for us, and i see you pulling the book out here, what i want americans to know is that it was americans who changed congress last time, it was americans who helped us eliminate earmarks. when they awoke and went to tea parties and town halls and rallies, it changed things inside the senate and that's what i want people to know about. >> there's the book, the "great american awakening", check it out. we'll be right back.

patti ann: the doc is in and he's here to take a hard look at heart health action

new steady suggests doctors are too quick to use costly methods for artery disease, calling one out of eight procedures unnecessary. drsm manny alvarez, senior managing editor of fox news health.com and member of the fox news medical a team. >> trying to reduce the budget! look, this is a very important study because it's clearly showing that in the medical profession, there is overutilization of a lot of very expensive technology, angioplasty, we're doing about 600,000 of these procedures a year, $20,000 a pop, you're talking about a lot of dollars, and clearly, this published report by the journal of the american medical association, brought by one of the leading cardiology groups in the country, is showing you that in about one in eight cases, probably 13 percent of the cases is not necessary. now, why is this happening? well, multifactorial, as i say. the industry needs better regulation, better tightening, because there's

a lot of technology companies pushing for these new technologies which are very expensive, doctors, of course, have to pay attention, and you know, lawyers have to stop suing doctors, because if you do make a mistake and you don't recommend a stint, perhaps many cardiologists fear they will get persecuted, this is multi far torial, but if we don't do this we're also going to bankrupt the 4e9 care system. patti ann: obviously there's a financial downside. is there a medical downside, are there risks to these people? >> of course, there is an -- this is an invasive procedure. a lot of times, they looked at patients that had no symptoms but workups. when you do a workup, doctors may interpret there's a narrowing in the artery and they say look, we're going to put in a stint because perhaps this narrowing could lead to a heart attack but in real, those things really don't prevent anything, and yes, there are secondary side effects because this is something that is invasive and does have complications, so it's the complication,

and also the expenditure of unnecessary dollars we have to pay attention to. patti ann: we have a second topic, a new study indicating heart problems, and in fact maybe all illnesses could go the way of a dinosaur, scientists say technology are in the works that could replace damaged cells in people. rita grey, trained at cambridge university, says some people alive now could live to see their 150th birthday and in the near future, people could live to be 1000. >> now you give me a story that you want people to live to 150 years, then 1000 years. you can't have it both ways. yes, there is technology like there like immune system enhancement in stem cells, for instance, that ultimately could really prolong the age of an individual. remember, in the 14th century, people lived to the age of 30, now they live to probably # on, 90, so we have really made a tremendous leap forward. but the fundamental is if we

add a lot of technology and we don't pay attention to lifestyle, then this is not going to pale, because technology by itself will not do the trick. you have to -- if you want to live to 150 years, and i think that will happen eventually, you have to begin from very early on. lifestyle, thing like smoking, excessive eating, all of that in conjunction with a new technology that we're talking about, but it's going to cost money. and you're going to have studies that say that well, just like we have the stint, that says well, maybe we're doing unnecessary procedures and people don't need to get it. so it's a combination of people wanting to live longer, scientists of course are predicting that, and the expenditure that we have in technology today. but it will happen. you will be 150 for sure. >> wow! >> and as gorgeous as you are now. >> i hope so! dr. manny alvarez, thank you. jon? >> jon: the casey anthony saga, not over yet. tomorrow is sentencing day.

the accused child killer actually could walk out of that orlando courthouse a free woman. how is that possible? we'll go in depth. also, the superhero known as captain america. but that title didn't fly everywhere overseas. why the movie studio let other countries change the name. we want to know what you think about it. vote in our poll, foxnews.com/happening now. and it always points true north. toward mountains of sand. townew sights and sensations. toward the true bounty of nure so let's set our compass for traverse city and find ourselves. in the magic, and the moments of pure michigan. your trip begins at michigan.org.

>> reporter: i'm harris faulkner at the breaking news desk. this is crossing the wires. one line. army psychiatrist charged in the fort hood rampage will now have a military trial and face the death penalty. you'll remember back on november 5th, 2009 when a mass shooting happened at fort hood, texas. that is the largest most populated u.s. military

installation in the world. 13 uma pemmaraj13 people were k9 injured. hasan unleashed a furry, and is charged with the deaths and the injuries that happened on that day. just crossing the associated press wires, we in the fox newsroom are working to get our own sources for this. according to the ap that army psychiatrist charged with fort hood will have a military trial and face the death penalty. as we learn more we will bring it to you. now back to "happening now." greg: 22 hours from now we should know whether casey anthony goes free when she is sentenced tomorrow. a jury in florida, as you probably already know acquitted casey of the most serious charges, including first-degree murder in the death of her 2-year-old daughter caylee. she could have been sentenced to

death if convicted on that charge. instead the jury found her guilty only of four misdemeanor counts of lying to investigators, each conviction carries a maximum sentence of one year. she's already served almost three years in jail. her attorney, jose baez saying he is exat that tim is happy fod wants her to somehow get his life back together. let's talk to joey jackson, and michael baden and jury consultant susan constantine. does she walk tomorrow, does she become a free woman. >> it certainly seems likely. she was convicted of the misdemeanor offenses. each carries a year in jail. to briefly explain the judge can give her a year on each charge and stack them. since there are four it means it would be one year, and two years and three years and four years.

ultimately it would be a four-year sentence. however, to the extent she's been in since october of 2008 and that would be the equivalent of almost three years, a few months shy of that, of course, it would really amount to what would be a time-served sentence, because the department of corrections when they do their calculations calculates about 75% of the time. and so it certainly could be likely, john that she could be a free woman as early as tomorrow. greg: susan, clearly this jury didn't think much of the prosecution case. it only took them, what, nine hours of actual deliberations to set her -- or to acquit her of the most serious charges. you stu studied a lot of jurorsd judges. is in judge likely to say, okay the jury didn't think much of this case, i'm going to set her free? >> i think so. i think the judge is going to think that at this point in time, you know, three years, and at this point in time the state didn't prove their case on behalf of the jury, that's what

they came up with, i think the judge will let her go. greg: i guess, dr. baden why didn't they convict? why didn't they prove this case? it seems to me that it was circumstantial but there was a lot of evidence. >> yeah but there was no evidence that there was a murder, and i think the one juror who has been talked to said they weren't convinced that it was a murder in the first place. the cause of death was not determined, and even the issue of homicide was not to this juror shown. incidentally she also has time to serve on the check forgery that she was convicted of, so there is additional years that she may have for that. greg: if roy kronk the meter reader, he first reported finding her skull, what he thought was her skull in august. the police essentially blew him off. that was what, just two months after she had disappeared. >> right. greg: if they had done what

probably they should have done and done a thorough investigation at that point would there have been enough tissue remaining that some of the questions that are not answered today could have been answered? >> yes, there certainly would have been for forensic evidence and autopsy evidence if the remains had been found when roy kronk had first alerted them. but remember, even though roy kronk later comes up and says he put a stick through the skull and moved it around, anybody that is six months in the environment, in storms, in marsh, and animals pulling the body apart, you can't rely on the position of the body, which is what the medical examiner relied upon to call it a homicide. that body has been moved around in all different ways, and the position of the body when it was found six months ago is not necessarily related to the position it was when it was first placed there. greg: joey, i hear people

talking about this case who really didn't care much about it in the days that it was actually on trial, but you know, people who can't believe that she was exonerated by this jury. i mean i guess that is the system, we have to accept the jury and accept the verdict and respect the jury. >> you know what is interesting, jon, the more i do this. the more confused i become. you never know what a jury is actually going to do. they focus on issues. in this case incidentally when you talk about not establishing the cause of death, well you know what the prosecution does not have to. trying to establish a motive, the prosecution does not have to. people focus on certain things, they want to be comfortable. in closing the defense did a good job with reasonable doubt. they put a chart out there that said reasonable doubt is a high standard. at the end of the day the jury has to look and say did they prove that? am i satisfied? if i don't have that feeling in my gut we're going to exonerate

here. it's the worst but the best system of justice we have. >> they have to determine first if there is a murder in the first place. the jury may not have agreed that this was a murder. this could have been an accident, end of discussion about punishment. >> that's absolute reright, doc, i have to give you a lot of credit. you called it from the outset. i've been on 0 number of times and i didn't call it. your issues were the scientific evidence and the fact they didn't establish that. look i think the jury was with you on this particular case. but defend as i might i am very, very shocked at the verdict indeed. greg: from my standpoint i mean my reasonable conclusion is that no accidental drowning victim winds up with duct tape, three pieces wrapped around her face. susan, why -- i mean just from the standpoint of a jury expert why did that evidence not resonate with this jury? >> because this is -- i think we are kinding missing some part of the ballpark here. we can't look at this as, you

know, experts and forensic experts and attorneys, we have to look at this from the general population. there was so much evidence, or forensic evidence, they pretty much threw that to the side because they continue conclusively prove anything from either side. we saw jose baez do a beautiful visual presentation of every one of the experts, and basically showing which ones were for the state, which ones the defense and kind of breaking it down, why you shouldn't believe them. then we went to george, then we went to george, they didn't believe george's story. there was something in his character, whether it was how he's pausing and hesitating, answering those questions that made this jury come to their own conclusion when they went to the deliberation room. this is what happened to sway the jurors back over. greg: the country is going to be talking about this verdict for weeks to come at least. joey jackson, suzanne constantine, dr. michael baden, thank you all. >> thank you.

patti ann: right now the fight for fundraising dollars among gop presidential candidates is glowing global. mitt romney is out looking for campaign cash in london. his team announcing they already have around $18 million in the bag. some say it's a bit early for fundraising but if romney's event today sells out he stands to raise almost a million more. amy kellogg is live in london with the latest for us. hi, amy. >> reporter: hi, patti ann, his people point out that this is just primary money, this isn't even general campaign money. well the former governor is wheels down here in london and his event starts very soon. he landed about an hour ago. i don't even think he's going to have time for a spot of tea or to scoff a scone or two before he glows glad handing. it is a bit early as you pointed out but in the past candidates have come over here in the year before an election year. that trend was started by rudolph guiliani who came over to london in 2007.

fundraising is involved but also to burnish foreign affairs credentials. president obama came over here on a very high profile trip in 2008 where he made arousing speech in berlin that grew great crowds. romney's people are pointing out that this at this point really is a fundraising trip and there won't be any press around it. it's a private affair. it's going to be an event at a very posh address, the english speaking union at dartmouth house. it's a $2,500 a head meeting with the presidential candidate, and then tomorrow, though, despite the fact that his people are saying this is completely a fundraising event he will be stopping by number 10 downing street where he'll be meeting with peter ricketts and other folks. it's all quite fluid.

it will be an opportunity for mitt romney to meet british officials here as well. back to you, patti ann. patti ann: thanks. greg: have you seen a little shop of horrors? here is the real life version, a plant very dangerous to people, and it is no joke. we'll tell you what you have to watch out for next. and a pristine water way now blackened with oil. experts are saying damage along the yellow stone river could end up getting a lot worse. hey, the new guy is loaded with protein! really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. new ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] new ensure hh protein.

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patti ann: new information on a massive oil spill. experts now warning that historic flood levels along the scenic yellow stone river could spread the spill even further. the montana governor says he's monitoring exxon mobil's cleanup, quote like smell on a skunk ever since a burst pipeline left an oily mess for miles. alicia acuna is following the story. >> reporter: it looks like the crude was spilling into the yellow stone river almost twice as long as we were originally told by the company that is in charge of the pipeline. federal documents released by the department of transportation late last night show it took exxon mobil 56 minutes to fully shut down the pipeline after the break on friday. initially exxon mobil's president told montana governor brian switzer that they were

able to seal the line off in a half an hour. after the dot edits findings a company spokesman did not deny that, only that they didn't have the notes in front of them when they spoke with the governor. >> i've been in conversations with all of the state and federal agencies annex on mobile since the on set. there have been statements made that have not been accurate, and we are going to continue to poke and probe until we get to the bottom of everything, including why this happened, why this pipeline wasn't maintained properly, and why it took so long to shut the oil off. >> reporter: the pipeline and hazardous material safety administration has issued a corrective action order to require the company to make safety improvements along the pipeline. exxon mobil will have to rebury it underneath the riverbed to protect it from external damage. oil has been spotted about 25 miles downstream but montana's governor says if you

do the math it has traveled hundreds of miles know north dakota. tonight in bill links the epa will hold a community meeting to help the residents get more information on all of this. patti ann: alicia acuna live in our denver bureau, thanks. >> get off of her. get off. [screaming]. greg: yeah that's audrey the monster plant from little shop of horrors, but there is another weed out there that is the real thing and not so funny, it could actually pop up in your backyard. harris has details on it. >> reporter: you'll notice how the actress who escaped audrey didn't have a scratch on her. that is not the case with what they call giant hog weed. in fact there is a technical worker here in the new york area that brushed up against one of these giant plants and now has

permanent scars on one of her legs. it can cause blindness and third degree burns if you get the sap from this plant on you. it is almost prehistoric in the way that it looks. it's very tall with thick stalks. the plant was first brought to the new york area around the 1800s and now there have been thousands of sightings of them, the most recent in a pretty posh area of long island, where they have sent out a team now to try to go track this down. it can be very dangerous. i told you what can happen if you come near it, and happen to touch it with your skin blistering from the sap. what they are trying to do in the new york area is remove these plants. but it's not easy because their stalks are about four inches around. it is called giant hog weed and it is a serious problem on long is land in an area called muttontown right now. back to you. greg: thanks for the warning. patti ann: a major u.s. law

enforcement operation used taxpayer money to buy guns that went to mexico. we'll tell you who the acting head of the atf claims is obstructing a congressional investigation into the matter. and captain america is on the way. it's an action flick about the patriotic super soldier. it comes out later this month. why is the film company taking the america out of captain america in some places? and is that right? our online survey is up, you can weigh in log onto foxnews.com/"happening now." em. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. the possibilities are endless. interesting... save up to 50% this tuesday and wednesday only.

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patti ann: we're learning shocking new details about the controversial u.s. gun running program known as operation fast and furious. now congress is trying to learn just how far an alleged

government cover up extends. william william la jeunesse is live in los angeles with the story. >> reporter: it's blowing up right now like a firecracker in the hands of the department of justice. in a letter from congress to the attorney general eric holder it claims the administration is actively involved in a cover up of the scandal we know as operation fast and furious. the scandal where an f.b.i. informant allegedly used taxpayer money to buy guns on behalf of the cartels. the letter claims the f.b.i. knew but did not stop him, nor did they share that information with the agency investigating him. and because of that you had the atf spend almost two years of work, thousands of man-hours and millions of tax dollars number one pursuing information other agencies already knew about, and a man they could never arrest or in diet because he was a confidential informant, not to mention the hundreds of people killed in mexico with those weapons that he bought. here is a diagram that may help

explain this. the guys on the left are straw buyers under investigation by the atf for buying guns for the cartels. the guy in the middle was a drug dealer caught on a dea wiretap brokering the deal with the guy on the right who was buying guns for the cartels. he was also the paid f.b.i. informant. the key take away here according to the letter, the atf was kept in the dark about this relationship, number two, the taxpayer money was used to send guns to mexico and finally that the f.b.i. knew about it and let it happen. the acting director of the atf, ken nelson, says the department of justice deserves much of the blame. we also have learned that nelson met secretly on july 4th with congressman darrell issa and darrell grassley and complained of a doj cover up. inlet tere last night to the attorney general he said atf leadership appears to have been

effectively muslim eld while the doj sent over falls denials and buried its head in the sand. that approach distort erred the truth and obstructed our investigation. the story is getting bigger and the question remains how high up the ladder does it go. back to you. patti ann: thank you. we are going to go now to our poll, the question is should captain america be removed from the superhero's name for foreign movie audiences? jon the back story here the movie by paramount is called captain america first avenge skwrer. when paramount is releasing it overseas they are giving companies the option of calling it first avenge skwrer. three companies have taken that option, russia. the ukraine and south korea. greg: 95% are saying no, america has no reason to apologize, leave that title in there. 4% say yes it's all about making money. if the name change brings in more viewers it's the right decision.

patti ann: we are seeing this a lot with the comic book characters. you have the same thing with superman saying he's a citizen of the world and wonder woman changing her costume. greg: nothing wrong with being an america. patti ann: i agree. nasa manages reviewing all the flight details for the shuttle's final mission. it is set for this friday. right now forecasters say there is a 70% chance that storms will prevent atlantis' launch. be sure to tune into our special coverage of the final mission of the shuttle program, it's hosted by shepard smith, guests buzz aldrin, it begins 11:00am eastern on friday. stay with us. ♪

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jon: fox news alert out of fort hood, lieutenant general donald campbell, the commanding officer at fort hood has decided that major nidal malik hasan the army psychiatrist charged in that shooting rampage at fort hood will be tried in a military court-martial and faces the possibility of the death penalty. there has been some arguing back and forth about the appropriate way to put that suspect on trial. harris is at the breaking news desk with more, harris. >> reporter: yes, we are getting word now directly from the fort hood public affairs office about the fact of what will happen next. a military judge has yet to be named in this case but that would be the next step. then after that we would expect to see an arraignment set for hasan by that judge. at the military arraignment the military judge would then talk

about several rights held by hasan, and then the charges against him, and whether or not he has an understanding of his rights, such as the right to counsel. additionally that military judge would call the accused, hasan, through counsel to make motions, whether he wants to enter a plea or whatever the case may be. we don't have a timetable for this yet, but as you said, jon, with so many people watching across the country and around the world after that attack on our largest most populous united states military installation in the world, this is big news today. nidal malik hasan a former army psychiatrist at the base will be tried in a military court-martial. we'll continue to monitor developments coming out. the fort hood public affairs office says it will make an announcement in due order about the date and location once they set it, and name the military judge in this case. jon. jon: harris faulkner, thank you.

>> reporter: sure. jon: a lot more news to get to in our second hour of "happening now." hello i'm jon scott. patti ann: i'm patti ann brown in for jenna lee. in the fox news room happening now a chilling new warning for air travelers. the government warning airlines that terrorists may try to surgically implant explosives into humans to take down passenger jets. joining us now the author of the next wave on the hunt for al-qaida's american recruits. she's our own national correspondent, catherine herridge. she is live with the breaking story in washington. what have we learned about the intelligence. >> reporter: the threat information that led to the tsa warning has a signature of al-qaida and al-qaida in the arabian peninsula this was the group that targeted the united states the last two times. the bomb maker was a saudi who sources tell fox was also behind

the cargo printer bomb platte last fall. in both cases they used a nonmetallic explosive that defies conventional screening procedures and that let to the controversial pat-down policy by the tsa at the air force. our reporting has shown that the anwar al-awlaki lack was the middleman. he coached the underwear bomber on how to avoid western survey license and western style security. u.s. officials have told me that the nonmetallic explosive has not only changed the face of airline security, but the last two failed plots has helped them raise money and recruit new operatives. patti ann: what more can you tell us about this warning. >> reporter: while the intelligence is not described to fox as specific or imminent the warning that was set out by the tsa, they recently air carriers and foreign partners to provide

insight indicating the interest of terrorists to target aviation due to the recent security in years. they have interest in pursuing ways to further conceal explosives. they say there is nothing new or imminent, i i think this is a good example of what i write about. terrorist i -p is like water, it takes the path of least resistance. you move one way, they move another. they have seen how we ramped up security after the underwear incident, they are going to take devices and conceal them surgically in individuals that ultimately would amount to suicide bombers. patti ann: thank you. jon: for more on this possibility peter brooks joins us, a senior fellow for national security aeu nares at the heritage foundation. if they try it, peter how do we stop it? >> it's very difficult to detect something once it's been put in the body. about the best we can do i think

is that there might be some sort of residue on their hands, or somewhere on their body that would allow a sniffing dog to detect it. once again it is very difficult. we do look for these sort of things with drug runners. they sometimes put things in the body cavity and try to move them through security checkpoints so there is certain ways that security personnel can look and try to look at individuals and see how they are acting, or what they are doing. but it's going to be very difficult, it's the newest innovation. they've tried underwear bombing at least twice, once over detroit in the airliner. they also tried to assassinate jon, the -p counterterrorism chief in saudi arabia in 2009 with an underwear bomb. it turns out it was actually an underwear bomber. it was tested once before it actually was used on an airline. we might see this done somewhere else before they try to do it against a high value target such as an airliner. jon: it races the question

should we be doing more screening of passengers in the way say the israelis do it, you know, up close, sort of in your face questioning, those 95-year-old grandmothers are not on the likely to be terrorists lists. >> what we have to do is what we have to do to make sure we have our security and at the same time maintaining our civil liberty. this is a very difficult thin. there are always new challenges. we are walking a fine line. in some cases this may be uncharted territory. the question here of course is whether they are trying to sneak the bomb on the plane. we try to remove it from their body and then explode it or try to explode it when it's in the body cavity. also i think in a certain extent if they concealed it in a body cavity it would muffle the blast. there are continuing new challenges as catherine has said, we have to be as nimble as our opponents are. this group in yemen is very innovative and we're going to

have to be just as innovative in our defense and offense in preventing these sort of attacks. jon: peter brooks, a former cia officer now at the heritage foundation. thank you. right now casey anthony could be spending one of her last days behind bars. the 25-year-old was found not guilty of murdering her 2-year-old daughter. the jurors only convicted her on four counts of lying to investigators. each carries a maximum one year in prison, so it is possible the judge could sentence her to the three years she's already served. meanwhile, we are getting word that her parents are receiving death threats, and that is not all their attorney is revealing. more on this coming up a little bit later in the hour. patti ann: president obama is calling republican and democratic leaders to the white house tomorrow hoping both sides can hash out a deal on america's debt limit before and august 2nd deadline.

if the ceiling isn't raised that could trigger a u.s. default. adding to the mix democrats on the senate budget committee say they've reached consensus on a budget but they aren't ready to share details yesterday. ben carden a democrat from maryland sits on that committee. thank you for joining us, senator. >> my pleasure. patti ann: what can you tell us about the plan. >> it will be balanced, fair, it will bring our budget much better into balance and it will do it in a way that is credible but shares the burden with all that are involved in government spending. patti ann: does it include tax increases? >> it certainly does eliminate the tax loopholes and shelters that we believe are not necessary. we've talked about some of those on the floor of the united states senate where i think there is broad consensus to eliminate it. it would ask our most wealthy for tax extensions that be put into consideration. patti ann: what do you expect from tomorrow's meeting at the white house?

>> we always hope there will be this bi-partisan agreement, that's what we need. we hope the president will be able to reach an accommodation with the republicans, so that we can have a plan that is credible, that really does bring down our deficit, but does it in a way that is fair to all americans, not just telling our seniors they have to pay more and students have to pay more. this will be a fair agreement for all americans, it will allow us to grow and create more jobs. patti ann: you know, senator republicans argue that raising taxes actually stiff else growth and will hurt the economy, not help balance the budget. what is your response to that? >> we spend $1.4 trillion in our tax code on tax expenditures. many of these are special proceed sreug -gs for special interests. many of these that we can eliminate will help our economy. we've talked about the subsidies for ethanol which is really costing my state of maryland jobs with our poultry industry. if we have a shelter let's get rid of it. we are trying to balance the budget. whether the money is spent in

the operating budget or spent in the tax code we need to eliminate those that are unnecessary. patti ann: the republicans i understand have voted in favor of eliminating that ethanol subjecsubsidy as well. i guess there is one area of agreement there. earlier today on fox karl rove accused the democrats of class warfare. he says they are demonizing millionaires by saying that they are not paying their fair share. what is your response to that? >> i think the budget has to be fair & balanced. quite frankly, we think the republican budget is class warfare. they are asking our most vulnerable to pay a lot more. they didn't cause the deficit or the budget problems. we are asking our students to pay more, our seniors to pay more. what is wrong with asking those who are the most well off to help cooperate to bringing our budget into balance? i don't think this is class warfarement what we are trying to do is get a plan that is fair for all americans. patti ann: senator ben cardin thank you for joining us today. >> my pleasure thank you. jon: a few weeks ago it looked like a strong case. now could sexual assault charges

are dropped against former international monetary fund chief dominique strauss-kahn. his attorneys are meeting with the manhattan district attorney now. what we have learned about the major development. patti ann: power knocked out as a powerful dust storm swallows a major american city. >> we were riding the wave of sand and we are the last plane in. we were going, oh, my god, are we going to make it, are we going to make it, you know. so i was the guy who was never going to have the heart attack. i thought i was invincible. i'm on an aspirin regimen now because i never want to feel that helplessness again. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. talk to your doctor, and take care of what you have to take care of.

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patti ann: right now in arizona folks are dusting off. a massive 50-mile wall of dust record through phoenix late yesterday instantly plunging the daytime skies into darkness. visibility near zero. the dust storm was powerful enough to snap power lines and shut down air traffic. harris faulkner was actually just in phoenix recently. she has more on this. >> reporter: yes, patti ann it

was 115 last week in phoenix. it was very warm. they have cooled down a little bit back into the low 100s but imagine being one of the thousands of people that remain without electricity today and having to get through that. i hope they are able to get to some cool shelter. it remains a problem because of the snapped power lines you talked about. utility companies are out trying to repair the damage. that wall of dust was some 10,000 feet tall. if you looked at it in the sky, reaching up into the skies. a dangerous situation, almost like a tornado just spread out, if you will. and what they are dealing with today is a little bit of the aftermath from some delays in flights and some cancellations as well. but the electricity problem is the greatest danger for them now. the dust cloud has passed. and we have a reporter who is at our fox affiliate ksaz, andrew, who can tell us a little bit more about the situation with regard to the airport.

>> in this time lapse video you can see the wall of dust moving in from the southeast covering downtown tempe and making its way to sky harbor. just before it covered the runways a few flights were able to land. >> it was like we were riding this wave of sand and we were the last plane in. we were going, oh my god, are we going to make it, we barely made it. the wall hit us when the plane came to the gate. >> we flew alongside of it, flew over south mountain. literally it was chasing behind us and we landed and it was just crazy. >> covered in dust sky harbor shut down. >> we are on the roof of terminal 4, nine stories up. it's so dark you can't even see the runway. there are planes waiting at the gates too, you can't see them either and it's so windy up here it's hard to stand up straight. the dust made its way inside the airport too. at the height of the storm the fire alarm started going off. the alarm is now going off here in the parking structures of terminal 4. the elevators don't work, we are

nine stories up and like everybody else we'll have to take the stairs down. the dust also blew through the baggage claim. there people stayed inside covering their mouths. >> we saw all the planes after they landed, they were just about to land and they took off again. it was pretty amazing. >> reporter: great reporting there from andrew who is at our ksaz fox affiliate. a late word on the areas that they are dealing w it's tempe, scottsdale, avondale and phoenix where they've had power outages. this i should tell you so you know is not all that unusual in monsoon season which has just begun. it started down south of phoenix by about 90 minutes in tucson. it moved up and out of the area. they normally don't get to be that big but we could see little dust devils along the landscape when we were there last week. we made the observation driving along i19 that if enough of them group together we might have a

problem and they did. back to you. patti ann: that is for sure. harris faulkner thanks. jon: it's like something out of aladdin. the final space shuttle launch countdown is underway. stormy weather there could delay the launch two days from now, friday. janice dean is in the fox weather center. how is it looking j.d. >> reporter: if i was abetting woman jon scott i would say it's not going to happen. jon: oh, really. >> reporter: see the tropical moisture we are getting across south florida. this is going to be the problem not only today but tomorrow and unfortunately on friday. all of this deep tropical moisture bringing several inches of rain to soufplt ultimately this is a good news story for the sunshine state because it's been so dry there, but for our very last shuttle launch not a good thing. so it looks like at least a 60% chance of showers and/or thunderstorms in the vicinity, so we are looking at 11:26 launch time on friday then we have another window of

opportunity on saturday and then sunday, then if we don't go sunday july 16th is the next time. let's look at our future radar. this is why i'm going to make the assumption that we're not going to have a launch on friday, because you can see the showers in that area. that is 3:00pm but that will continue throughout the afternoon. so, jon scott unfortunately -- well not bad news yet. we'll hope that things clear up but i don't think its going to happen. jon: florida gets more thunderstorms than any other state. >> reporter: absolutely because of the sea breeze in the summertime. that is another problem that we have in the afternoon not only the tropical moisture but the pop up thunderstorms. jon: it's going to be a disappointment j.d. for shepard smith. he's down at cape canaveral for the final launch of atlantis. he'll have to kick up his feet by the pool and get an umbrella drink if it doesn't go. keep the it right here on fox news channel, complete coverage of the historical launch, the final flight of the space shuttle program this friday. we hope it begins at 11:00am eastern time. patti ann: a terror suspect has been flown to the u.s. to face

charges and some people are unhappy about that. the political fallout is next. and will it be crash landing, deep discovery, or tigers to the rescue? keep voting on our must-see moment of the day. [ male announcer ] this...is the network -- a network of possibilities. in here, the planned combination of at&t and t-mobile would deliver our next generation mobile broadband experience

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jon: the debate over trying terror suspects in civilian courts just reignited. a somali terror suspect captured overseas was held on a navy ship for months. he's just been brought to new york and indicted on federal charges. senate minority leader mitch mcconnell speaking out about it just a short time ago, listen. >> the administration has purposely imported a terrorist into the u.s. and is providing him all the rights of a u.s.

citizen in court. this ideological rigidity is harm -rg thing the national secf the united states of american. all future foreign enemy con batcombatants belong in guantan. jon: let's talk about it with brit hume. the first thing the president did when he took office is that gitmo was going to be closed. he is the commander-in-chief, if he wanted to tell the navy you don't hold this guy off africa's shores on board a ship he could do that. but now we've got him in civilian court. why? >> repter: well it appears to me, jon, that the president is going to find this decision to hold him on a ship for two months while he was interrogated, then bring him here for trial will please

nobody. you heard from senator mcconnell he doesn't like the civilian trial. the human rights activists who worry about the maltreatment of prisoners and so on are not amused by the fact that we held this guy without telling anybody and certainly without granting him any rights while he was interrogated for a month or so before, you know, he was finally informed of his rights and began to be treated like a criminal defendant. so it's kind of a hybrid case. it's a little bit unusual case . he's not an even knee combatant as we usually think of that, jon because he wasn't picked up on the battlefield. it appears from the charge that he's a gun runner, to put it rather inexactly. that would fit within the jurisdiction of a military tribunal if they wanted to use that because he's supporting enemy terrorist operations or potential terrorist operations, but he's in the accused of participating in a plot to

attack the united states. it's a somewhat peculiar case. politically it's a balancing act, i don't think it works. jon: he is apparently in his mid 20's, a somali suspect thought to be some kind of a gun runner as you said or maybe a go-between, between al-qaida in the arabian peninsula and al-shabaab, two organizations that definitely would like to do harm to america. the bush administration wrestled about what to do with these enemy combatants and came up with the guantanamo prison as a place to hold them. this administration didn't much like that idea, but doesn't seem to know what else to do besides guantanamo. >> you could kind of see what is happening here. i think the president might be trying -- i think they've realized that they didn't have any good p alternatives to guantanamo. bringing them to the united states was politically untenable. the cia used to have these

places overseas where people were held and those basically have been shut down, thanks to their exposure in "the new york times," and elsewhere, perhaps. and so what i think -- he hasn't been able to close guantanamo because he doesn't know what to do with those who are being held there. but he hasn't really added to the population there so far as i know at all. i think this holding him in the bringing of that ship was the functional equivalent of guantanamo without being guantanamo, so you can understand why it might have had some appeal to the administration which i think is trying to close guantanamo by attrition, as those be held there are either repath tree eighted to their countries or otherwise disposed of then gradually guantanamo could be closed. he certainly has not succeeded in fulfilling his campaign promise in that regard. jon: we all remember when eric holder announced with great fanfare that khalid sheik mohammed and others were going

to be put on trial in federal court in lower manhattan and just about as publicly general holder had to back down from that and say, no we are not going to have civilian trials for those guys, we're going to try them in military tribunals, possibly at quit tow mow. >> what this kind of tells you is that the president had, you know, a set of intentions that were appealing to him, given his thinking about it as a lawyer, and when he got into office and began to confront the same set of dilemmas and problems that the bush administration faced he's ended up gradually, slowly, grudgingly, but inevitably accepting the methods and practices that the bush administration used simply because they there have proved to be no good alternatives. what a wonderful example this is of that. the best alternative they can come up with this newly captured alleged terrorist is to hold him in the bringing of a ship. well, that may be different from guantanamo, in terms of geography but it's function until lee pretty similar.

now they are going to bring him to civilian trial. they haven't done that. we'll see how that works out. jon: i guess we can presume he wasn't water boarded in the belly of that ship for those mis. >> well, yeah, i guess we're given to believe from what the reporting has been on this that the cia had played no role in this. and they are of course the experts on what are called enhanced interrogation methods known to some as torture. jon: brit hume, thanks very much for being with us. >> thank you, jon. patti ann: get ready for another high profile trial. we'll tell you what big names roger clemens plans to call to the stand as the baseball legend's trial gets underway. [ male announcer ] this is larry... whose long day starts with arthritis pain... and a choice. take tylenol arthritis and maybe up to s in a day... or choose aleve and two pills for a day free of pain. happy chopping. is actually finding choices the whole family will love. five flavors of chex are gluten-free, including the honey nut flavor.

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patti ann: acquitted her little girl's murder, casey anthony now waits to learn her sentence on four misdemeanor counts of lying to investigators. if the judge sentences her to time already served, tonight could be anthony's last in jail. the prosecution still expressing disbelief today while the defense celebrates its victory.

hugs, tears and smiles on the defense side yesterday after that verdict came down but anthony's own parents made a conspicuous exit. today we're hearing they have yet to even talk to their daughter. here's their attorney. >> have they spoken to casey? >> no, not yet. >> do they expect to? >> at some point i imagine, yes. >> do you know when? >> no, i don't. there was a slim chance we were hoping to get some sliver of truth during this trial. that would have been by testimony from casey but certainly she didn't have to testify. it is her constitutional right not to testify and hopefully one day she will tell her story but who knows what to believe. patti ann: we also learned the anthonies are facing death threats. the sheriff's office is protecting them. let's bring in jon lieber man the host of true facts and with jon lieber man and former correspondent for "america's most wanted" and followed by mark furman, former lapp homicide detective. what sentence do you expect

here. >> that i think she will be let out on time served. that is what i see coming tomorrow. the big tragedy here and i spent my career fighting for victims. we may never know in large part because of casey's lies and because she didn't come forth in the very beginning to say what she knew about her daughter. that being said, patti ann, i said on this program the past few weeks there were major, major problems with this case and i think we saw that come out in this verdict. patti ann: yeah. so, you mentioned lies. you know, cindy, her mother, got on the stand and said she searched the chloroform. that was proven false. some are asking if she could face perjury charges next. >> look at the end of the day the jury had more questions than answers number one. and the second thing is they didn't know who to believe. number one they weren't about to make up answers to questions when they didn't have the answers. and number two, they weren't about to try to figure out who do i believe in this whole web of lies. so, do i think that cindy or george are going to face

perjury charges? i don't think so. that's my honest opinion. but what i do think is, i think it had a tremendous impact on this jury because the jury was instructed if you don't believe a portion of anybody's testimony, then you can throw out all of their testimony. and i think when you look at the chloroform searches and cindy apparently lying, you look at other things where george could have been lying i think at the end of the day you had a jury that didn't know who to believe so they chose to acquit. >> john, lots of people comparing this to the o.j. trial. he was acquitted in the criminal trial but later found liable in a civil suit. some are asking if there could be a wrongful death suit in this case? but really who would file such a thing. >> who will come forward and file this? the real tragedy is what happened to this little girl? and you know, just because casey was found not guilty in a court of law does not mean necessarily that she's innocent of anything having to do with what happened to this sweet little girl, but

i must say i do believe that the jury got right. i mean it pains me to say that but i've said on this program the past few weeks i didn't think there was a first degree case there. i did think this jury would hold casey accountable in some way, shape or form and apparently their way to holder accountable was to convict her of what she essentially admitted to through her council in court, lying to the police. i think in these deliberations i don't think they got into the minutia of duct tape and chloroform. i think in the very beginning they said to themselves we don't see murder here. i don't think they got past to get to the actual minutia. patti ann: that is what dr. baden said earlier and that's what the alternate juror pretty much said. john, thank you for joining us. >> thank you. >> let's go to mark furman. mark, linda drane burdick one of the prosecutors when giving the closing argument she was afraid common sense would be lost in all the testimony and the length of this trial. is that what you think

happened? >> absolutely. i think these jurors went into that room and they were so inundated with exactly the weight of this trial, and this ridiculous assumption that reasonable doubt is some kind of miss call kind of level of jurisprudence that somehow only jurors can see. they do it every day when they deal with their kids, their bosses their own life. it's common sense. when you have a set of circumstances that lead you to one point, that is not reasonable doubt. that is reasonable guilt. and this is, i don't think the jury did their job. you listen to this alternate juror. you listened to him. he said, one hair in the trunk didn't prove that the caylee anthony was in that trunk. the smell of death, there are some people that didn't smell it. you listen to this, they didn't bring a motive. they didn't bring a motive. the prosecution doesn't have to bring a motive. then he said this. that is the most telling. and this comes from the

defense opening and closing. george anthony seemed like he was hiding something. patti ann: yeah. >> where is any of that based in anything except for either discounting evidence or creating evidence? patti ann: yeah. >> it was, --. patti ann: sorry, we have a lengthy delay here. okay. next question, we keep on hearing the same thing, that jurors now are watching csi and "ncis" and that's what they're expecting in a real life trial and it just doesn't really work that way. >> it doesn't, patti. across this country there were dozens of murder trials where the defendant was convicted on far less evidence but we don't see them on tv. the camera and then the cameras that people watch on tv, this unreasonable expectation that dna is there in every trial. fingerprints are there in every trial.

ballistics is there in every trial. i'm going to tell you more of the reverse. but when you get down to just detectives and the shoe leather of putting all these facts and time lines together, you come out with something that points to one and only one person, casey anthony. the jury did not do their job. in fact they didn't deliberate whatsoever on this. they didn't ask for one read back, one piece of evidence. they made up their mind before they went in the jury room. that's what they did. and they used reasonable doubt as an easy way to get out of this whole deliberation process. i don't say that lightly. they did not, they did not use the term, reasonable doubt the way it was intended. really wasn't reasonable doubt that casey anthony had some culpability in the death of her daughter. patti ann: mark furman, thank you so much for joining us as well as jon lieber man. the jon? jon: "happening now" in a washington courtroom. jury selection underway in the perjury trial of a

baseball legend. there he is, roger clemens. the holder of more cy young awards than any other pitcher. he is accused of lying to congress when he denied ever using performance-enhancing drugs. lawyers for the rocket may call hall of fame wade boggs and former all-star pitcher david cone to testify in clemens defense. the slowdown in construction certainly has hurt the u.s. timber industry but to the rescue, china. china has doubled its imports of u.s.-grown lumber but there is a downside as well. dan springer live for us in seattle. is china bailing us out here, dan? >> reporter: a little bit, jon. it has been really surprising you would think with housing starts here that being so terrible that our timber industry would be in the tank but it's not. it is largely because of china, you're right. exports to that country alone nearly tripled in one year. in 2010, strong sales again in 2011.

china paid $270 million last year blowing past japan and canada as our biggest export market. pacific northwest ports are booming. logs everywhere on the decks there. private timber lan companies are actually hiring as they see prices go up. even though that domestic market remains weak. in the u.s., housing starts have less than a third of what they were in 2006 but china with its steady growth and need for more housing has filled that gap. >> last year, if you look at the growth in japan it was about 15%. you compare that with 300% to china. so obviously in the past year we have seen a lot more exports going to china. >> reporter: now china used to get almost all of its logs from russia but a few years ago russia slap ad big tariff on their exports. so china looking for cheaper lumber started to come to the united states. jon: we want to do business but i know a lot of people are not thrilled with this. who's against it? >> well you would think the environmental community might be against it but this

this case they don't have much say because all of the logs are coming off private timberland. the real people who are affectsed is the mills because they have to pay the same price or more for their logs that they cut up but they can't get more on the back end because again the soft domestic market. china mainly wants logs, not cut lumber. the mills which do very well when trees are getting cut are actually getting squeezed. >> sawmills will have to face how bad do they want to continue to run? it is not going to be profitable with the chinese influence on raw materials, it is not going to continue to be unless they find an export market like we've done. >> reporter: and those lumber mills will eventually have to raise prices to stay in business. that means we'll pay more at the home depots of the world. jon? jon: dan springer live in seattle. thank you, dan. patti ann: the meeting that could end once and for all the sensational sex crimes case against dominique

strauss-kahn. we're live at the manhattan district attorney's office.

>> coming up one the casey anthony murder trial jurors is now ready to speak. we will speak with him live here on "america live". we're also about to hear what o.j. prosecutor marcia clark thinks about this case. we want to know what you think about the fact that that dahl hasan will face the death penalty in the fort hood kill is. a warning about human bombs on u.s. airlines. we'll talk about that. michael rage fan is here with his thoughts on mitt romney. he has an interesting take on mitt romney in new hampshire. that is coming up at the top

of the hour on "america live". we'll see you then. jon: "happening now", new developments in the sexual assault case against dominique strauss-kahn. attorneys for the former head of the international monetary fund meeting with prosecutors in manhattan in what many legal observers say will lead to the charges being absolutely dropped. if so, it would cap a stunning reversal of fortune for a man many saw as potentially france's next president. fox's, fox business network's adam shapiro joins us live from the district attorney's office in lower manhattan. where does it stand now, adam? >> reporter: well they are still negotiating. i should point out we did speak with ben bronfman early this morning. he would not comment on the nature of those negotiations. as you said, jon, most analysts and leaked to "the new york times" and "wall street journal" i should add they are talking about dismissing all the charges or from the district attorney's side perhaps trying to get a plea deal guilty plea after

misdemeanor which would allow dominique strauss-kahn not to go to jail and return to his native france. we learned last week the shocking revelations the accuser in the rape case maid at the soffit hotel aid mitted to lying to the grand jury and lying on application for as asylum on a previous rape in new guinea, west africa. in short her credibility is no good. one of the reasons defense attorney ben bronfman said what we're dismissing eventual dismissal of all charges but not quite the end. >> we believed from the beginning that this case was not what it appeared to be and we are absolutely convinced that while today is a first giant step in the right direction, the next step will lead to a complete dismissal of the charges. >> reporter: the district attorney's office, in fact it was cy vans, district attorney, lead prosecutor

here in manhattan on friday said no charges dismissed yet we still investigate this case as if a crime had been committed of the credibility of the key witness the accuser undermined by the fact she admits she lied to the grand jury. we're due back in court on july 1th. they're negotiating as we speak, jon. back to you. jon: i was on a grand jury once. you don't want to lie to a grand jury. that's for sure. adam shapiro thank you. patti ann: america's jobless rate is still painfully high. we heard a lot about the unemployed but what about all the workers who are underemployed? we have a live report coming up.

patti ann: the unemployment rate in america is 9.1% right now. and many workers who have jobs are forced to survive on much smaller incomes or

they're overqualified for the work they're doing. they're called the underemployed. for more on their story, john roberts is live in atlanta. john? >> good afternoon to you, patti ann. it is a sad reality of the new american workforce. millions upon millions of college educated workers laid off forced into survival jobs just to make ends meet. for example a school teacher working two jobs bagging groceries so she doesn't lose her house. then there's janet, who i met recently in new york. janet was a high-flyer, a recruiting manager at a major new york law firm with an ivy league education. >> i was making a good salary. i was traveling a lot. i had nice benefits. i worked with smart people. i took nice vacations. >> early 2009 it all came crashing down. mass layoffs put her out on the street with nowhere to turn. >> i decided to do whatever i could do. >> reporter: anything including bird sitting for a friend.

working as extra on television shows and selling some of her gold to pay the bills. it took a huge psychological toll. >> i got tremendously depressed. days where i couldn't get out of bed. it is hard to motivate yourself. >> reporter: she is hardly alone. according to gallup, almost one in five working americans are unemployed. >> if i didn't tell you i was in panic mode i would be lying. >> reporter: damion counsels unimplied professionals. i lost four jobs himself and works part time. >> they can't look you in the eye because they are ashamed. >> reporter: she knew she wouldn't get her job back. to pell herself out of depression she blogged about adventures in unemployment and volunteered in a soup kitchen and decided to go freelance. >> i have more resume's. >> reporter: she recruits for start-ups like health guru.com and counsels college students how to start their careers. in total she is working six jobs. the money is a quarter what it was.

she had to make sacrifices but actually having fun. >> i started using coupons for the first time in my life. i'm addict the to it. >> reporter: she had the resources to become a single mom. the biological clock i waits for mo economy to change. >> i'm happy every day i wake up and he is here. that certainly changed my mind. my job is longer the focus of my life. >> reporter: i asked janet if age was a factor in her job search? she told me between looking for a job and counseling young people and working as a recruiter, patti ann, she believes in new york the job market is pretty much closed to anyone over the age of 30. patti ann: wow! john roberts. interesting, thank you. jon: a fox news alert. and a search underway right now in maryland for an armed suspect. this is kind of a strange one. he was seen apparently by several motorists along route 195 where it

intersects route 295 in annarundle county. thought to hold a rifle or shotgun. thought he used to the hammer to break out windows of park cars. maybe stole the gun. no reports of shots fired. this guy is screened as white male, 50 to 60 years old. black red flannel shirt he is wearing along with blue jeans. they have got k-9 units in the vicinity and helicopters and so forth. as of now no sign of this suspect with some kind of a rifle or maybe a schott gun. -- shotgun w

jon: you have chosen. now it is time for the must-see moment of the day. drum roll please. buried deep in the pacific ocean japanese scientists say they have found law deposits of these, rare earth minerals. yes they are rare, pretty hard to find. they are used in making all kinds of electronic products. they often come out of the geothermal vents, volcanic vents deep on the ocean floor. japan has made a significant discovery of rare earth minerals. that could be good for all of us, maybe it will mean lower prices on electronic products, et cetera. patti ann: pass, fascinating.